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minutes - TOWNSHIP OF MORRIS BOARD OF ADJUSTMENT REGULAR MEETING by dfsdf224s

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									                                        TOWNSHIP OF MORRIS
                                       BOARD OF ADJUSTMENT
                                     REGULAR MEETING MINUTES
                                          MARCH 23, 2009

Call to Order

The regular meeting of the Township of Morris Board of Adjustment was called to order on Monday
evening, March 23, 2009, at 7:30 P.M. in the Municipal Building, 50 Woodland Avenue, Township of
Morris.

Statement of Adequate Notice

Ms. Sonia Santiago, secretary issued the following:

“I hereby announce and state that adequate notice of this meeting was provided by the Secretary of this
Board of Adjustment by preparing a notice dated March 18, 2009 specifying the time, date and place of
this meeting, posting such notice on the bulletin board in the Municipal Building; filing said notice with the
Clerk of the Township of Morris; forwarding the notice to the Morris County Daily Record and the Morris
News Bee, and forwarding, by mail, the said notice to all persons on the request list, and I hereby hand a
copy of such notice to the Secretary of the Board of Adjustment for inclusion in the minutes of this
meeting, all of the above actions being in accordance with N.J.S.A. 10:4-6, et seq., Open Public
Meetings Act.”

The Pledge of Allegiance was led by Ms. Sonia Santiago, Secretary

Roll call of Board Members and Professionals

Members Present
Mr. Timothy Kronk, Chairman
Mr. Thomas Luby
Mr. James C. Allison
Ms. Norma Larkin
Mr. Rick Haan
Donnell Williams, Alternate #1
Paul Woodford, Alternate #2

Members Absent
Mr. Nelson Morales

Also Present
Mr. Rich Oller, Board Attorney
Mr. James Slate, Twp. Engineer
Ms. Tirrell Loftin, Zoning Officer
Ms. Sonia Santiago, Board Secretary

Oath of Allegiance and Oath of Office administered by Mr. Rich Oller, Esquire to the following member:
   • Timothy Kronk
                                                                      Township of Morris Board of Adjustment
                                                                                    Regular Meeting Minutes
                                                                                             March 23, 2009

Ms. Santiago asked for nomination for Chairperson for the year 2009. Mr. Haan nominated Mr. Kronk as
chairperson seconded by Mr. Allison, no other nominations were made. Nominations were closed. On
motion duly made, seconded and unanimously carried, Mr. Kronk was elected Chairperson.

Mr. Kronk, chairman, nominated Mr. Haan for vice chairman seconded by Mr. Luby, no other
nominations were made. Nominations were closed. On a motion duly made, seconded and unanimously
carried, Mr. Haan is elected vice chairman.

A moment of silence was held in memory of Mr. Lawrence Vitale a long time resident of the Township
and for many years he volunteered on numerous Boards.

On motion duly made, seconded, and unanimously carried, the minutes of the February 23, 2009
meeting were approved as circulated and placed on file in the office of the Board of Adjustment.

Resolutions

BA-06-06                                                                               Madison Gas Mart
Block 8301, Lot 5, 219 Madison Avenue, B-11 zone. Section C & D.

Applicant proposes to convert three existing mechanical bays into a convenience store which includes a
Dunkin Donut franchise.

Mr. Luby moved, seconded by Mr. Woodford, roll call as indicated that resolution of denial, attached
hereto and by reference made part of the official minutes of this meeting, be adopted as presented,
memorializing the action taken by the Board at the January 26, 2009 meeting.

Roll Call: (Voting Members)
Mr. Allison           YES
Mr. Luby              YES
Mr. Woodford          YES
Mr. Haan              YES

BA-14-08                                                                                   Jerry Winston
Block 10300, Lot 3, 7 Monroe Street, RA-7 zone. Section C & D.

Applicant proposes a minor subdivision to create two lots. To add additional property to a third lot and
maintain an existing stucco garage creating a side yard setback of 3 feet and a rear yard setback of 23.7
feet where a side yard set back of 10 feet is required and a rear yard setback of 25 feet is required.

Mr. Haan moved, seconded by Mr. Allison, roll call as indicated that resolution of approval, attached
hereto and by reference made part of the official minutes of this meeting, be adopted as presented,
memorializing the action taken by the Board at the January 26, 2009 meeting.

Roll Call: (Voting Members)
Mr. Allison           YES
Mr. Luby              YES
Ms. Larkin            YES
Mr. Woodford          YES
Mr. Haan              YES
                                                                        Township of Morris Board of Adjustment
                                                                                      Regular Meeting Minutes
                                                                                               March 23, 2009

BA-18-08                                                                                    Jack Shallow
Block 5403, Lot 6, 238 Mt. Kemble Avenue, RA-15 zone. Section C.

Applicant proposes to construct an in-ground pool, pool decking, pool equipment, outdoor grill station,
block walls, paver patio and expand the wood deck. The proposed project will create a side yard setback
of 10 feet where 20 feet is required and a combined side yard setback of 20 feet where a combined side
yard setback of 50 feet is required and a building coverage of 34.9% where 20% is permitted.

Mr. Woodford moved, seconded by Mr. Haan, roll call as indicated that resolution of approval, attached
hereto and by reference made part of the official minutes of this meeting, be adopted as presented,
memorializing the action taken by the Board at the January 26, 2009 meeting.

Roll Call: (Voting Members)
Mr. Allison           YES
Mr. Luby              YES
Mr. Woodford          YES
Mr. Haan              YES

Regular Meeting

BA-23-08                                                                  Christopher & Christine Volinsky
Block 8906, Lot 2, 50 Olmstead Road, RA-11 zone. Section C.

Applicant proposes to demolish an existing detached garage and reconstruct and expand the detached
garage creating a front yard setback on Woodside Road of 22.93 feet where 35 feet is required and
creating a rear yard setback of 7.20 feet where 25 feet is required.

Proof of Publication and Affidavit of Service filed and approved by the Board Secretary and Board
Attorney.

Ms. Christine Volinsky entered her appearance, being duly sworn in by the Board Attorney and
presented the application to the Board.

The following professionals being sworn in by the Board Attorney appeared to be heard.
        Michael Moschella, Architect

No exhibits were submitted as evidence during testimony.

Summary of Testimony – Christine Volinsky, Homeowner
Ms. Volinsky stated that a fire in the garage caused the inside of the structure to be damaged and their
architect and the contractor felt it was worth rebuilding the garage.

Summary of Testimony – Michael Moschella, Architect
Mr. Moschella stated that the application is to construct the one car garage that was destroyed by a fire
and due to the non conforming rear yard setback to the west of the property a variance is required.
Currently the garage is a one car garage and we plan to reconstruct the one car garage. We comply
with all other requirements. The proposed structure will be 12.8 x 25.4 feet with an attic for storage. The
overhead door will remain in its current orientation facing the driveway. The western wall of the garage
will be placed in the same location that it is today and it will not encroach any further toward the western
property line. The existing garage is 12 x 20 feet we have added an additional 5 foot area at the rear of
the garage for storage. The applicant has children and they would like to store bikes, garden equipment
and a work bench. There will be no other utilities other than electricity.
                                                                         Township of Morris Board of Adjustment
                                                                                       Regular Meeting Minutes
                                                                                                March 23, 2009



The meeting was opened to the public; no one appeared to be heard.

Mr. Williams moved, seconded by Ms. Larkin that approval be granted to the application of Christopher &
Christine Volinsky thereby permitting on Block 8906, Lot 2 the construction of a detached one car garage
and that the Board Attorney be authorized to prepare a formal resolution memorializing the action taken
by the Board, same to be presented for consideration at the April 27, 2009 meeting.

Roll Call: (Voting Members)
Mr. Allison           YES
Mr. Luby              YES
Ms. Larkin            YES
Mr. Williams          YES
Mr. Haan              YES
Mr. Woodford          YES
Mr. Kronk             YES

BA-01-09                                                                        Matthew & Shana Onigman
Block 2804, Lot 5, 350 Sussex Avenue, RA-15 zone. Section C.

Applicant proposes to demolish existing single family dwelling and reconstruct a new single family
dwelling within the existing foundation creating a front yard setback of 39 feet where 50 feet is required,
a side yard setback of 6 feet and combined side yard setback of 7.47 feet where a side yard setback of
20 feet and combined side yard setback of 50 feet is required.

Proof of Publication and Affidavit of Service filed and approved by the Board Secretary and Board
Attorney.

Mr. Robert F. Simon, attorney for the applicant presented the application to the Board. Shana and
Matthew Onigman, homeowners were sworn in by the Board Attorney.

The following Professional sworn in by Board attorney appeared to be heard.
        Tirrell Loftin, Township Zoning Official

Summary of Testimony-Ms. Shana Onigman
Ms. Onigman stated that the purpose of the application is to demolish the house and keeping the
foundation in order to rebuild the single family house. We purchased the house about a year ago and we
had it inspected, we realized that there were some problems with the house but we thought we could fix
it. Through the course of living in the house we discovered that it had extensive termite damage, mold,
and decay. There were some renovations done by the previous homeowner that had caused damage to
the house. We have decided to tear it down but leave the basement as it is and rebuild the house on the
existing foundation. We have learned that it didn’t conform to the Township setbacks because we were
tearing down more than 50% of the house and that we had to request a variance to keep the foundation
at the present location. Due to lack of funds to relocate the foundation we are asking for a variance relief.
The new house will be constructed to conform with the neighborhood. Ms. Onigman further testified that
the property was previously a double lot and then subdivided. For this reason the house was built at the
east side of the lot. Due to the position of the existing dwelling on the lot so close to lot 4 immediately to
the east a conforming renovation to the side lot line is not possible if the existing foundation is kept. She
also stated to have met with the next door neighbor and they expressed no concerns to the construction
of the house. A lengthy discussion was carried between the Board and the applicants regarding the
reconstruction of the single family house.
                                                                        Township of Morris Board of Adjustment
                                                                                      Regular Meeting Minutes
                                                                                               March 23, 2009

Mr. Simon stated that in terms of the hardship under C1 the fact remains that the house was built on the
right side of the lot which was a double lot, it’s an existing condition and they would like to maintain the
existing foundation. In regard to the side yard setback they can’t do anything in terms of making it any
better with regard to the front yard setback they are coming in conformity with the 50 foot requirements
by reducing the amount of the porch they are more in conformance with the ordinance. Even under C1
where the existing location of a foundation combined with where a house is located will justify the
granting of the C1 variance. Also the building lot coverage in the zone the maximum is 20% and they are
only 10%, in terms of C2 criteria they are making the house more in conformance with the neighborhood,
safer and promoting adequate light, air and open space, a desirable visual environment through a
creative design and making it more attractive and more functional than the existing property. We feel that
in terms of the benefits they out weigh the detriments, we meet the positive and negative criteria of C1
and C2 and there will not be any detriments to the public good.

The meeting was opened to the public; no one appeared to be heard.

Summary of Testimony – Tirrell Loftin, Township Zoning Official
Ms. Lofting stated that the Construction Code Official Albert Mastrobattista has reviewed the plans and
they are acceptable to him. She also asked the Board that in the event the foundation is not as strong as
they feel that it is and they need to replace the foundation in the same location is the Board good with
that decision instead of making the homeowner come back to the Board? The Board agreed that if for
some reason the foundation is not acceptable from a building code stand point and it needs to be rebuilt
that it’s acceptable for the homeowner to go ahead and reconstruct the foundation at the same location.

Mr. Haan moved, seconded by Mr. Woodford that approval be granted to the application of Matthew and
Shana Onigman thereby permitting on Block 2804, Lot 5 the demolition and reconstruction of a single
family dwelling with conditions and that the Board Attorney be authorized to prepare a formal resolution
memorializing the action taken by the Board, same to be presented for consideration at the April 27,
2009 meeting.

Roll Call: (Voting Members)
Mr. Allison           YES
Mr. Luby              YES
Ms. Larkin            YES
Mr. Morales           YES
Mr. Haan              YES
Mr. Williams          YES
Mr. Woodford          YES
Mr. Kronk             YES


                                     Recess taken at 8:17 pm
                                   Meeting reconvened at 8:30 pm
                      Ms. Larkin recused herself from the meeting at this time.

BA-10-08                                                                   Morris County Home & Garden
Block 10201, Lot 9, 176 Ridgedale Avenue, I-21 zone. Section C & D.

Applicant proposes to continue and expand the non permitted retail use and reconfigure the parking
areas, increased outdoor storage, relocation of propane storage tanks and a new driveway entrance
from Hanover Avenue.
                                                                          Township of Morris Board of Adjustment
                                                                                        Regular Meeting Minutes
                                                                                                 March 23, 2009

Proof of Publication and Affidavit of Service filed and approved by the Board Secretary and Board
Attorney.

Mr. Douglas R. Henshaw, attorney for the applicant entered his appearance and presented the
application to the Board. Mr. Henshaw stated that this site is Agway’s and the property has been
Agway’s since 1956 or before. This is an application for site plan approval and variance relief. Agway for
many years had the right to share the rectangular portion of lot with the car dealership (Warnock), in the
early 80”s the Planning Board recognized the shared parking arrangements as part of their site plan
approval and this was an alternate use during Agway’s peak season specially in the spring and
Christmas season which are the busiest for Agway. This property is owned by Evergreen Cemetery. All
Evergreen’s leases came due at the end of last year, and in spite of all the discussion carried they
eliminated from my clients lease any right to use the parking lot. The size of the lease area has been
reduced. There has been a dramatic change, we are approaching our seasonal time and we desire to
move the propane tanks. Our request is to get relief from the Board to move the propane tanks in case
we do not finish the hearing tonight.

TCC report dated January 2008, June 2008 and December 2008 were summarized into the record by
James Slate, Township Engineer. He further testified that Tirrell Loftin, Zoning Official for the Township
had issued a violation notice for a paved area behind the building and the expansion of the outside
storage adjacent to Hanover Avenue.

The following professionals being sworn in by the Board Attorney appeared to be heard.
        Brett Skapinetz, Engineer
        Jeff Gomez, Owner of Agway

The following exhibits were submitted as evidence.
        A-1 Approval Letter from the State of Community Affairs
        A-2 Easement agreement between Evergreen Cemetery, Agway and Warnock
        A-3 Aerial Photograph
        A-4 Site Plan of existing conditions
        A-5 Colored rendering of the site plan

Summary of Testimony – Brett Skapinetz, Engineer
Mr. Skapinetz reviewed exhibit A-3 which is an aerial photo from the State GIS and exhibit A-4 site plan
of existing conditions. Agway uses 1.99 acres. It has been a challenge working with Mr. Gomez in getting
sufficient parking for his use within the lease area without utilizing any access from Warnock. The
propane area sits in the middle of the parking area. There is a tight circulation pattern by just utilizing the
lease area for parking. After numerous months of negotiations by Mr. Henshaw, we were able to design
a typical parking arrangement. We have designed a typical 90 degree parking area head on two rows.
There will be a two way aisle one to the west between the parking and the actual business building.
There is now a more open circulation. There are 41 parking spaces to the westerly area and 10 parking
spaces to the rear of the site, a total of 51 parking spaces being proposed and 51 parking spaces
required. To the north of the main building is an area that is gravel it was green space that overtime
became gravel. We have a old plan from 1998 that shows an existing driveway to the south from the
current driveway, that driveway extended to a paved area and additional impervious is being added. We
have an underground drainage system that will be added to the rear of the property that will discharge to
the County system. We have met with the County and discussed with them what we can do to modify the
driveway and they were in favor of the configuration we presented to them. This will be a drive-in drive-
out movement there will be a sign posted “for delivery only”. The intention is to have the truck come in
from Hanover Avenue and out into Ridgedale Avenue. We expect deliveries to be off hours. The loading
zone will be in the back just for deliveries only. The dumpster will be located behind the building we
intend to leave them at the same location and are not seen from the road. The purpose of this design is
to reconfigure the parking and making circulation better. We have reconfigured the back of the site
                                                                         Township of Morris Board of Adjustment
                                                                                       Regular Meeting Minutes
                                                                                                March 23, 2009

behind building for outdoor storage. The sign for Agway will remain in its current location. The propane
tanks located on the center of the property from Ridgedale Avenue we are proposing to relocate the
propane tanks to the west of the main building. The rear area drains to southeast of the property and
there is a low point with drywells which are not working very well we are proposing to update the
drainage for the property with new inlets and underground system and it will discharge to the County
system. We are also proposing a chainlink fence along Hanover Avenue that will extend to the front of
the property at 4 feet high and to the northwest of the property will be adding a 6 foot high stockade
fence with arborvitaes for buffering and additional landscaping will be added to the site. In respect to lot
area and setbacks for the buildings there are no deviations from the requirements. The variance we are
looking at is in regard to the impervious coverage, we are looking at the entire lot and not at the lease
area. Under the existing conditions 98.8% of the lot right now is considered impervious coverage
including the back of the property. Under proposed conditions we are reducing it to 88.8% the green
space we are adding primarily along the Hanover Avenue frontage and this requires a variance because
only 75% is only allowable. The site is still on septic and with the improvements that are being done we
will be connecting to the sewer system. There will be signs posted for customer pick up area, no parking
in front of the propane tank area to improve traffic circulation. We are also proposing three additional
lighting posts with shoe box fixtures which will not have spillage to Hanover Avenue. A lengthy
discussion was carried regarding the impervious coverage, storage area in the northerly portion of the
site and traffic circulation.

The meeting was opened to the public; no one appeared to be heard.

Summary of Testimony – Jeff Gomez, Owner
Mr. Gomez stated that he has been a resident of the area since 1964. Currently lives in Morris Township.
My wife started to work for Agway in 1989. We had the opportunity to purchase Agway in 2000 and since
then we have expanded the operations. The primary function of Agway is a Home and Garden Center.
The hours of operation are Monday thru Thursday from 8 am to 7 pm and Friday from 8 am to 8 pm,
Saturday 8 am to 6 pm and Sunday 8 am to 5 pm, seasonally our home garden does 60 to 65% of the
business from March to Memorial weekend. Our goal is to improve our customer service. Deliveries will
be done off hours and there will be no deliveries on Saturday and Sunday. Mr. Gomez further testified
that during high season time he will have approximately 8 full time and part time employees at one time
and it varies during off season. The rear of the property will be used for storage of sheds for display there
will be approximately 10 to 12 sheds in various sizes for display along the property line. A lengthy
discussion was carried regarding shed sales and deliveries into the property.

The meeting was opened to the public; no one appeared to be heard.

Summary of Testimony – John McDonald, Professional Planner
Mr. McDonald stated that the applicant is seeking relief under a D2 variance which is an expansion of a
non conforming use. The use itself is not an issue the area is a non residential area there is a number of
non residential uses along Ridgedale Avenue to the South. A number of car dealerships on both sides of
Ridgedale Avenue which also has outdoor storage as a key component and associated inventory that
are accompanying those uses. Any alteration to the property in question is not impacting any residential
use from a statutory standpoint within 200 foot of the subject application. From a planning standpoint any
proposal to remove the propane tank from the center of the property and moving it to the side is good
planning. On the positive side of the application is the parking lot improvement which is being done. As
far zoning is concerned this property is in the I-21zone which is an industrial zone which allows a variety
of uses. The relief that the applicant is seeking is a D-3 technical variance for outdoor storage that is not
enclosed. It is important that the outdoor product is seen by the general public. There is variance relief in
the form of bulk variance for coverage which is an increase of 88.8% where 75% is allowed by ordinance
and that is a reduction from the 98.8% which exists now. The loading variance is an improvement over
the present condition. With respect to the D2 and D3 and the positive criteria, the positive criteria is
                                                                        Township of Morris Board of Adjustment
                                                                                      Regular Meeting Minutes
                                                                                               March 23, 2009

satisfied, the application actually advances the purposes of zoning. The promotion of the general public
welfare which is by providing improved parking, access and a better safer and more organized site layout
on this property. There will be efficient use of the site, no tree removal, no soil removal or environmental
impact is being proposed. The use has been in existence for quite sometime. The negative criteria are
satisfied first and foremost because the variances can be granted without any substantial detriment to
the public good. These alterations are modest in nature certainly not over bearing to the extent that it
would not impede into the privacy use or the enjoyment of those properties surrounding the subject
premises. Looking at the individual variances the nature of the use requires the unenclosed outside
storage which is similar to the adjacent uses in the auto sales around the subject property. The coverage
variance is a reduction over the existing condition. The application satisfies the negative criteria, the
variances can be granted without substantial impairment to the zone and zoning ordinance. The site
development is embraced by the 2007 Master Plan which reads “the Agway site is an older development
which lacks modern site plan standards and may be a candidate for future development or
redevelopment for modernization.” The zone plan also permits similar uses on the property such as
lumber and building materials sales and contractor equipment. Mr. McDonald further testified that he
believes that the statutory standards are met and the relief being requested can be granted without any
detriments or impairments to the public good or the zone and zoning ordinance. A lengthy discussion
was carried regarding landscaping along the north side of the property, curbing, storage of the sheds and
stripping.

The meeting was opened to the public; no one appeared to be heard.

Summary of Testimony – Tirrell Loftin, Zoning Official
Ms. Loftin stated that she was made aware of the alteration of the site plan from the fire code official
when they were doing their inspection they realized that some of their storage areas were in violation of
the fire lane. Also the storage of sheds along the required front yard setback on Hanover Avenue is a
concern for her and the fact that they were not fenced in which generated the notice of violation issued
by her.

Mr. Henshaw stated that if the Board requires that the shed be kept out of the front yard setback they
could work in keeping it out of the front yard. A lengthy discussion was carried among the Board
members, professionals and the applicant professionals. The Board then stipulated certain conditions to
the application.

Mr. Allison moved, seconded by Mr. Woodford that approval be granted to the application of MC Home &
Garden thereby permitting on Block 10201, Lot 9 the reconfiguration and other site improvements with
conditions stipulated and that the Board Attorney be authorized to prepare a formal resolution
memorializing the action taken by the Board, same to be presented for consideration at the April 27,
2009 meeting.

Roll Call: (Voting Members)
Mr. Allison           YES
Mr. Luby              YES
Mr. Williams          YES
Mr. Haan              YES
Mr. Morales           YES
Mr. Woodford          YES
Mr. Kronk             YES



Other Matters
                                                                      Township of Morris Board of Adjustment
                                                                                    Regular Meeting Minutes
                                                                                             March 23, 2009


Draft annual report 2008 – Minor change to be made to the report.

Mr. Luby moved seconded by Mr. Woodford that the annual report for the year 2008 is forwarded to the
Planning Board and the Township Committee for consideration.

Mr. Kronk asked Mr. Oller to draft a resolution to be presented at the next meeting in recognition of Mr.
Lawrence C. Vitale years of dedication and service to the residents of the Township of Morris.

Mr. Slate and Ms. Loftin presented to the Board a draft plan for 17 Crescent Drive that the Board had
approved back in October 2008 with changes regarding windows configuration and a roof line change.
They have spoken to the next door neighbor and they seem to agree with the changes and have
submitted it in writing. The Board sees no problem for it to be handled administratively.

With no further business for consideration by the Township of Morris Board of Adjustment, on motion
duly made, seconded and unanimously carried, the meeting was adjourned at 11:08 P.M.



Respectfully submitted,


Sonia M. Santiago, Secretary
Township of Morris Board of Adjustment

								
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